INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER OIL POLLUTION  
DAMAGE, 2001  
Text approved by the Conference  
THE STATES PARTIES TO THIS CONVENTION,  
RECALLING Article 194 of the United Nations Convention on the Law of the Sea, 1982, which provides that States shall  
take all measures necessary to prevent, reduce and control pollution of the marine environment,  
RECALLING ALSO Article 235 of that Convention, which provides that, with the objective of assuring prompt and  
adequate compensation in respect of all damage caused by pollution of the marine environment, States shall cooperate  
in the further development of relevant rules of international law,  
NOTING the success of the International Convention on Civil Liability for Oil Pollution Damage, 1992 and the Interna-  
tional Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, in  
ensuring that compensation is available to persons who suffer damage caused by pollution resulting from the escape or  
discharge of oil carried in bulk at sea by ships,  
NOTING ALSO the adoption of the International Convention on Liability and Compensation for Damage in Connection  
with the Carriage of Hazardous and Noxious Substances by Sea, 1996, in order to provide adequate, prompt and effec-  
tive compensation for damage caused by incidents in connection with the carriage by sea of hazardous and noxious  
substances,  
RECOGNISING the importance of establishing strict liability for all forms of oil pollution which is linked to an appro-  
priate limitation of the level of that liability,  
CONSIDERING that complementary measures are necessary to ensure the payment of adequate, prompt and effective  
compensation for damage caused by pollution resulting from the escape or discharge of bunker oil from ships,  
DESIRING to adopt uniform international rules and procedures for determining questions of liability and providing  
adequate compensation in such cases,  
HAVE AGREED as follows:  
Article 1  
company which in that State is registered as the ship's  
operator, ‘registered owner’ shall mean such company,  
Definitions  
5. ‘bunker oil’ means any hydrocarbon mineral oil, including  
lubricating oil, used or intended to be used for the opera-  
tion or propulsion of the ship, and any residues of such  
oil,  
For the purposes of this Convention:  
1. ‘ship’ means any seagoing vessel and seaborne craft, of any  
type whatsoever,  
6. ‘Civil Liability Convention’ means the International  
Convention on Civil Liability for Oil Pollution Damage,  
1992, as amended,  
2. ‘person’ means any individual or partnership or any public  
or private body, whether corporate or not, including a  
State or any of its constituent subdivisions,  
7. ‘preventive measures’ means any reasonable measures  
taken by any person after an incident has occurred to  
prevent or minimise pollution damage,  
3. ‘shipowner’ means the owner, including the registered  
owner, bareboat charterer, manager and operator of the  
ship,  
4. ‘registered owner’ means the person or persons registered  
as the owner of the ship or, in the absence of registration,  
the person or persons owning the ship. However, in the  
case of a ship owned by a State and operated by a  
8. ‘incident’ means any occurrence or series of occurrences  
having the same origin, which causes pollution damage or  
creates a grave and imminent threat of causing such  
damage,  
9. ‘pollution damage’ means:  
having the same origin, the liability shall attach to the ship-  
owner at the time of the first of such occurrences.  
(a) loss or damage caused outside the ship by contamina-  
tion resulting from the escape or discharge of bunker  
oil from the ship, wherever such escape or discharge  
may occur, provided that compensation for impair-  
ment of the environment other than loss of profit from  
such impairment shall be limited to costs of reasonable  
measures of reinstatement actually undertaken or to be  
undertaken, and  
2. Where more than one person is liable in accordance with  
paragraph 1, their liability shall be joint and several.  
3. No liability for pollution damage shall attach to the ship-  
owner if the shipowner proves that:  
(b) the costs of preventive measures and further loss or  
damage caused by preventive measures,  
(a) the damage resulted from an act of war, hostilities, civil  
war, insurrection or a natural phenomenon of an excep-  
tional, inevitable and irresistible character; or  
10. ‘State of the ship's registry’ means, in relation to a regis-  
tered ship, the State of registration of the ship and, in rela-  
tion to an unregistered ship, the State whose flag the ship  
is entitled to fly,  
(b) the damage was wholly caused by an act or omission done  
with the intent to cause damage by a third party; or  
(c) the damage was wholly caused by the negligence or other  
wrongful act of any Government or other authority respon-  
sible for the maintenance of lights or other navigational  
aids in the exercise of that function.  
11. ‘gross tonnage’ means gross tonnage calculated in accor-  
dance with the tonnage measurement regulations  
contained in Annex 1 of the International Convention on  
Tonnage Measurement of Ships, 1969,  
4. If the shipowner proves that the pollution damage  
resulted wholly or partially either from an act or omission done  
with intent to cause damage by the person who suffered the  
damage or from the negligence of that person, the shipowner  
may be exonerated wholly or partially from liability to such  
person.  
12. ‘Organisation’ means the International Maritime Organisa-  
tion,  
13. ‘Secretary-General’ means the Secretary-General of the  
Organisation.  
5. No claim for compensation for pollution damage shall be  
made against the shipowner otherwise than in accordance with  
this Convention.  
Article 2  
Scope of application  
6. Nothing in this Convention shall prejudice any right of  
recourse of the shipowner which exists independently of this  
Convention.  
This Convention shall apply exclusively:  
(a) to pollution damage caused:  
(i) in the territory, including the territorial sea, of a State  
Party, and  
Article 4  
(ii) in the exclusive economic zone of a State Party, estab-  
lished in accordance with international law, or, if a State  
Party has not established such a zone, in an area beyond  
and adjacent to the territorial sea of that State deter-  
mined by that State in accordance with international  
law and extending not more than 200 nautical miles  
from the baselines from which the breadth of its terri-  
torial sea is measured;  
Exclusions  
1. This Convention shall not apply to pollution damage as  
defined in the Civil Liability Convention, whether or not  
compensation is payable in respect of it under that Convention.  
2. Except as provided in paragraph 3, the provisions of this  
Convention shall not apply to warships, naval auxiliary or other  
ships owned or operated by a State and used, for the time  
being, only on Government non-commercial service.  
(b) to preventive measures, wherever taken, to prevent or mini-  
mise such damage.  
3. A State Party may decide to apply this Convention to its  
warships or other ships described in paragraph 2, in which case  
it shall notify the Secretary-General thereof specifying the terms  
and conditions of such application.  
Article 3  
Liability of the shipowner  
1.  
Except as provided in paragraphs 3 and 4, the shipowner  
4. With respect to ships owned by a State Party and used for  
commercial purposes, each State shall be subject to suit in the  
jurisdictions set forth in Article 9 and shall waive all defences  
based on its status as a sovereign State.  
at the time of an incident shall be liable for pollution damage  
caused by any bunker oil on board or originating from the ship,  
provided that, if an incident consists of a series of occurrences  
Article 5  
Incidents involving two or more ships  
referred to in paragraph 2. Such institution or organisa-  
tion shall inform that State of the issue of each certifi-  
cate. In all cases, the State Party shall fully guarantee the  
completeness and accuracy of the certificate so issued  
and shall undertake to ensure the necessary arrange-  
ments to satisfy this obligation.  
When an incident involving two or more ships occurs and  
pollution damage results therefrom, the shipowners of all the  
ships concerned, unless exonerated under Article 3, shall be  
jointly and severally liable for all such damage which is not  
reasonably separable.  
(b) A State Party shall notify the Secretary-General of:  
(i) the specific responsibilities and conditions of the  
authority delegated to an institution or organisation  
recognised by it;  
Article 6  
(ii) the withdrawal of such authority; and  
Limitation of liability  
(iii) the date from which such authority or withdrawal  
of such authority takes effect.  
Nothing in this Convention shall affect the right of the ship-  
owner and the person or persons providing insurance or other  
financial security to limit liability under any applicable national  
or international regime, such as the Convention on Limitation  
of Liability for Maritime Claims, 1976, as amended.  
An authority delegated shall not take effect prior to  
three months from the date on which notification to  
that effect was given to the Secretary-General.  
(c) The institution or organisation authorised to issue certi-  
ficates in accordance with this paragraph shall, as a  
minimum, be authorised to withdraw these certificates if  
the conditions under which they have been issued are  
not maintained. In all cases the institution or organisa-  
tion shall report such withdrawal to the State on whose  
behalf the certificate was issued.  
Article 7  
Compulsory insurance or financial security  
1.  
The registered owner of a ship having a gross tonnage  
greater than 1 000 registered in a State Party shall be required  
to maintain insurance or other financial security, such as the  
guarantee of a bank or similar financial institution, to cover the  
liability of the registered owner for pollution damage in an  
amount equal to the limits of liability under the applicable  
national or international limitation regime, but in all cases, not  
exceeding an amount calculated in accordance with the  
Convention on Limitation of Liability for Maritime Claims,  
1976, as amended.  
4. The certificate shall be in the official language or  
languages of the issuing State. If the language used is not  
English, French or Spanish, the text shall include a translation  
into one of these languages and, where the State so decides, the  
official language of the State may be omitted.  
5. The certificate shall be carried on board the ship and a  
copy shall be deposited with the authorities who keep the  
record of the ship's registry or, if the ship is not registered in a  
State Party, with the authorities issuing or certifying the certifi-  
cate.  
2.  
A certificate attesting that insurance or other financial  
security is in force in accordance with the provisions of this  
Convention shall be issued to each ship after the appropriate  
authority of a State Party has determined that the requirements  
of paragraph 1 have been complied with. With respect to a ship  
registered in a State Party such certificate shall be issued or  
certified by the appropriate authority of the State of the ship's  
registry; with respect to a ship not registered in a State Party it  
may be issued or certified by the appropriate authority of any  
State Party. This certificate shall be in the form of the model set  
out in the Annex to this Convention and shall contain the  
following particulars:  
6. An insurance or other financial security shall not satisfy  
the requirements of this Article if it can cease, for reasons other  
than the expiry of the period of validity of the insurance or  
security specified in the certificate under paragraph 2 of this  
Article, before three months have elapsed from the date on  
which notice of its termination is given to the authorities  
referred to in paragraph 5 of this Article, unless the certificate  
has been surrendered to these authorities or a new certificate  
has been issued within the said period. The foregoing provi-  
sions shall similarly apply to any modification which results in  
the insurance or security no longer satisfying the requirements  
of this Article.  
(a) name of ship, distinctive number or letters and port of  
registry;  
(b) name and principal place of business of the registered  
owner;  
(c) IMO ship identification number;  
(d) type and duration of security;  
7. The State of the ship's registry shall, subject to the provi-  
sions of this Article, determine the conditions of issue and  
validity of the certificate.  
(e) name and principal place of business of insurer or other  
person giving security and, where appropriate, place of  
business where the insurance or security is established;  
8. Nothing in this Convention shall be construed as  
preventing a State Party from relying on information obtained  
from other States or the Organisation or other international  
organisations relating to the financial standing of providers of  
insurance or financial security for the purposes of this Conven-  
tion. In such cases, the State Party relying on such information  
is not relieved of its responsibility as a State issuing the certifi-  
cate required by paragraph 2.  
(f) period of validity of the certificate which shall not be longer  
than the period of validity of the insurance or other  
security.  
3. (a) A State Party may authorise either an institution or an  
organisation recognised by it to issue the certificate  
9. Certificates issued or certified under the authority of a  
this Article relating thereto shall not be applicable to such ship,  
but the ship shall carry a certificate issued by the appropriate  
authority of the State of the ship's registry stating that the ship  
is owned by that State and that the ship's liability is covered  
within the limit prescribed in accordance with paragraph 1.  
Such a certificate shall follow as closely as possible the model  
prescribed by paragraph 2.  
State Party shall be accepted by other States Parties for the  
purposes of this Convention and shall be regarded by other  
States Parties as having the same force as certificates issued or  
certified by them even if issued or certified in respect of a ship  
not registered in a State Party. A State Party may at any time  
request consultation with the issuing or certifying State should  
it believe that the insurer or guarantor named in the insurance  
certificate is not financially capable of meeting the obligations  
imposed by this Convention.  
15. A State may, at the time of ratification, acceptance,  
approval of, or accession to this Convention, or at any time  
thereafter, declare that this Article does not apply to ships oper-  
ating exclusively within the area of that State referred to in  
Article 2(a)(i).  
10. Any claim for compensation for pollution damage may  
be brought directly against the insurer or other person  
providing financial security for the registered owner's liability  
for pollution damage. In such a case the defendant may invoke  
the defences (other than bankruptcy or winding up of the ship-  
owner) which the shipowner would have been entitled to  
invoke, including limitation pursuant to Article 6. Furthermore,  
even if the shipowner is not entitled to limitation of liability  
according to Article 6, the defendant may limit liability to an  
amount equal to the amount of the insurance or other financial  
security required to be maintained in accordance with para-  
graph 1. Moreover, the defendant may invoke the defence that  
the pollution damage resulted from the wilful misconduct of  
the shipowner, but the defendant shall not invoke any other  
defence which the defendant might have been entitled to invoke  
in proceedings brought by the shipowner against the defendant.  
The defendant shall in any event have the right to require the  
shipowner to be joined in the proceedings.  
Article 8  
Time limits  
Rights to compensation under this Convention shall be extin-  
guished unless an action is brought thereunder within three  
years from the date when the damage occurred. However, in no  
case shall an action be brought more than six years from the  
date of the incident which caused the damage. Where the inci-  
dent consists of a series of occurrences, the six-year period shall  
run from the date of the first such occurrence.  
Article 9  
Jurisdiction  
11. A State Party shall not permit a ship under its flag to  
which this Article applies to operate at any time, unless a certi-  
ficate has been issued under paragraphs 2 or 14.  
1. Where an incident has caused pollution damage in the  
territory, including the territorial sea, or in an area referred to  
in Article 2(a)(ii) of one or more States Parties, or preventive  
measures have been taken to prevent or minimise pollution  
damage in such territory, including the territorial sea, or in such  
area, actions for compensation against the shipowner, insurer  
or other person providing security for the shipowner's liability  
may be brought only in the courts of any such States Parties.  
12. Subject to the provisions of this Article, each State Party  
shall ensure, under its national law, that insurance or other  
security, to the extent specified in paragraph 1, is in force in  
respect of any ship having a gross tonnage greater than 1 000,  
wherever registered, entering or leaving a port in its territory,  
or arriving at or leaving an offshore facility in its territorial sea.  
2. Reasonable notice of any action taken under paragraph 1  
shall be given to each defendant.  
3. Each State Party shall ensure that its courts have jurisdic-  
tion to entertain actions for compensation under this  
Convention.  
13. Notwithstanding the provisions of paragraph 5, a State  
Party may notify the Secretary-General that, for the purposes of  
paragraph 12, ships are not required to carry on board or to  
produce the certificate required by paragraph 2, when entering  
or leaving ports or arriving at or leaving from offshore facilities  
in its territory, provided that the State Party which issues the  
certificate required by paragraph 2 has notified the Secretary-  
General that it maintains records in an electronic format, acces-  
sible to all States Parties, attesting the existence of the certificate  
and enabling States Parties to discharge their obligations under  
paragraph 12.  
Article 10  
Recognition and enforcement  
1. Any judgement given by a court with jurisdiction in  
accordance with Article 9 which is enforceable in the State of  
origin where it is no longer subject to ordinary forms of review,  
shall be recognised in any State Party, except:  
14. If insurance or other financial security is not maintained  
in respect of a ship owned by a State Party, the provisions of  
(a) where the judgement was obtained by fraud; or  
(b) where the defendant was not given reasonable notice and a  
fair opportunity to present his or her case.  
3. In relation to a State Party which has made such a  
declaration:  
(a) in the definition of ‘registered owner’ in Article 1(4), refer-  
ences to a State shall be construed as references to such a  
territorial unit;  
2.  
A judgement recognised under paragraph 1 shall be  
enforceable in each State Party as soon as the formalities  
required in that State have been complied with. The formalities  
shall not permit the merits of the case to be reopened.  
(b) references to the State of a ship's registry and, in relation to  
a compulsory insurance certificate, to the issuing or certi-  
fying State, shall be construed as referring to the territorial  
unit respectively in which the ship is registered and which  
issues or certifies the certificate;  
Article 11  
Supersession clause  
(c) references in this Convention to the requirements of  
national law shall be construed as references to the require-  
ments of the law of the relevant territorial unit; and  
This Convention shall supersede any Convention in force or  
open for signature, ratification or accession at the date on  
which this Convention is opened for signature, but only to the  
extent that such Convention would be in conflict with it;  
however, nothing in this Article shall affect the obligations of  
States Parties to States not party to this Convention arising  
under such Convention.  
(d) references in Articles 9 and 10 to courts, and to judgements  
which must be recognised in States Parties, shall be  
construed as references respectively to courts of, and to  
judgements which must be recognised in, the relevant terri-  
torial unit.  
Article 12  
Article 14  
Signature, ratification, acceptance, approval and accession  
1.  
This Convention shall be open for signature at the Head-  
Entry into force  
quarters of the Organisation from 1 October 2001 until 30  
September 2002 and shall thereafter remain open for accession.  
1. This Convention shall enter into force one year following  
the date on which eighteen States, including five States each  
with ships whose combined gross tonnage is not less than 1  
million, have either signed it without reservation as to ratifica-  
tion, acceptance or approval or have deposited instruments of  
ratification, acceptance, approval or accession with the Secre-  
tary-General.  
2.  
States may express their consent to be bound by this  
Convention by:  
(a) signature without reservation as to ratification, acceptance  
or approval;  
(b) signature subject to ratification, acceptance or approval  
followed by ratification, acceptance or approval; or  
2. For any State which ratifies, accepts, approves or accedes  
to it after the conditions in paragraph 1 for entry into force  
have been met, this Convention shall enter into force three  
months after the date of deposit by such State of the appro-  
priate instrument.  
(c) accession.  
3.  
Ratification, acceptance, approval or accession shall be  
effected by the deposit of an instrument to that effect with the  
Secretary-General.  
4.  
Any instrument of ratification, acceptance, approval or  
Article 15  
accession deposited after the entry into force of an amendment  
to this Convention with respect to all existing State Parties, or  
after the completion of all measures required for the entry into  
force of the amendment with respect to those State Parties shall  
be deemed to apply to this Convention as modified by the  
amendment.  
Denunciation  
1. This Convention may be denounced by any State Party at  
any time after the date on which this Convention comes into  
force for that State.  
2. Denunciation shall be effected by the deposit of an instru-  
ment with the Secretary-General.  
Article 13  
States with more than one system of law  
3. A denunciation shall take effect one year, or such longer  
period as may be specified in the instrument of denunciation,  
after its deposit with the Secretary-General.  
1.  
If a State has two or more territorial units in which  
different systems of law are applicable in relation to matters  
dealt with in this Convention, it may at the time of signature,  
ratification, acceptance, approval or accession declare that this  
Convention shall extend to all its territorial units or only to one  
or more of them and may modify this declaration by submit-  
ting another declaration at any time.  
Article 16  
Revision or amendment  
2.  
Any such declaration shall be notified to the Secretary-  
General and shall state expressly the territorial units to which  
this Convention applies.  
1. A conference for the purpose of revising or amending this  
Convention may be convened by the Organisation.  
2. The Organisation shall convene a conference of the States  
Article 18  
Parties for revising or amending this Convention at the request  
of not less than one-third of the States Parties.  
Transmission to United Nations  
Article 17  
As soon as this Convention comes into force, the text shall be  
transmitted by the Secretary-General to the Secretariat of the  
United Nations for registration and publication in accordance  
with Article 102 of the Charter of the United Nations.  
Depositary  
1.  
This Convention shall be deposited with the Secretary-  
General.  
2.  
The Secretary-General shall:  
Article 19  
(a) inform all States which have signed or acceded to this  
Convention of:  
Languages  
(i) each new signature or deposit of instrument together  
with the date thereof;  
This Convention is established in a single original in the Arabic,  
Chinese, English, French, Russian and Spanish languages, each  
text being equally authentic.  
(ii) the date of entry into force of this Convention;  
(iii) the deposit of any instrument of denunciation of this  
Convention together with the date of the deposit and  
the date on which the denunciation takes effect; and  
DONE AT LONDON this twenty-third day of March, two  
thousand and one.  
(iv) other declarations and notifications made under this  
Convention.  
(b) transmit certified true copies of this Convention to all  
Signatory States and to all States which accede to this  
Convention.  
IN WITNESS WHEREOF the undersigned being duly authorised by  
their respective Governments for that purpose have signed this  
Convention.